BOROUGH OF MT. OLIVER ORDINANCE 997  AN ORDINANCE OF THE BOROUGH OF MT.OLIVER, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA, AMENDING CHPATER 80 - BUILDINGS, VACANT OR. ABANDONED OF THE CODE OF' THE: BOROUGH OF MT. OLIVER WHEREAS, the existence of abandoned and/or vacant properties in the Borough ofM. Oliver causes neighborhood blight, reduces property values and discourages sales of adjacent,  maintained properties; and  WHEREAS, Section 1202(5) oft the Borough Code authorizes the Borough to make regulations as may be necessary: for the health, safety, morals, general welfare and cleanliness  and beauty, convenience, comfort and safety oft the Borough; and  WHEREAS, on. November 16, 2009, the Council oft the Borough ofMt. Oliver enacted Ordinance No. 915, which regulates the rental ofresidential rental units and amended by  Ordinance No. 934 and Ordinance No. 957; and  WHEREAS, the Council ofthel Borough ofMt. Oliver finds that new: requirements are WHEREAS, the Council of the Borough ofMt. Oliver desires to: repeal Ordinance No. 915, Ordinance No. 934, and Ordinance No. 957 and replace it with the Ordinance set forth  necessary in furtherance oft the public health, safety and welfare; and  below. follows: I  NOW' THEREFORE, the Council oft thel Borough of Mt. Oliver hereby ordains, as Chapter 80 ofthel Mt. Oliver Borough Code of Ordinances is hereby amended to read, in  its entirety, as follows:  Article 1. Vacant or Abandoned Property Registration Program  Section 80-1. Definitions. duly authorized representative.  Building Inspector - The duly appointed Building Inspector of the Borough ofMt. Oliver, or Code Enforcement Officer - The duly appointed Code. Enforcement Officer of thel Borough of Owner- One or more persons,, jointly or severally, in whom is vested all or part oft the legal title to the premises, or all or part oft the beneficial ownership and a right toj present use and enjoyment of the premises, including a mortgage holder in possession ofreal property.  Mt. Oliver, or duly authorized representative.    Person - A natural person, partnership, corporation, unincorporated association, limited Premises - Any parcel or real property in thel Borough, including the land and all buildings and Unsecured- - A building or portion ofab building which is open to entry by unauthorized persons Vacant or Unoccupied- -4 A building shall be deemed to be vacant if noj person actually, currently conducts al lawfully licensed business, or lawfully resides or lives in any part oft the building as the owner or occupant on aj permanent, non-transient basis. Section 80-2. Registration & Inspection Requirements. later than thirty (30) days after the building becomes vacant.  partnership, trust, or any other entity. appurtenant structures or appurtenant elements. without the use oftools or ladders.  A. The owner of the vacant building shall register the building with the enforcement officer no B. The registration shall be submitted on the form provided by the Code Enforcement Officer. and  shall include the following information: (1) A description of the property. (2) The names and addresses oft the owners. (4) The proposedi re-use plan.  (3) The period oft time the building is expected to remain vacant.  C. The Owner shall permit the Building Inspector or Code. Enforcement Officer to inspect the Premises and each Vacant or Unoccupied residential or commercial unit. The frequency of inspections shall occur once every year, or as amended from time to time by resolution of Borough Council. Upon inspection, thel Building Inspector or Code Enforcement Officer shall determine that the Premises and Vacant or Unoccupied residential or commercial unit comply with the Borough Property Maintenance Code. The Owner shall be given 30 days from the date oft the notice to abate all violations and schedule: ai re-inspection oft thel Premises and Vacant or Unoccupied residential or commercial unit. Depending on the nature oft the violations, the Code Enforcement Officer may: provide extensions to the abatement period, as long as the Owner  continues to demonstrate progress in earnest.  Section 80-3. Fees.  A. The owner oft the vacant building shall pay an annual registration fee in the amount of $250 for each registered commercial building and $150: for each residential building, subject to increase from time to time by ai majority vote of] Borough Council. Ifthe owner believes that he is able to fill the vacancy within 180 days, or ifthe property is actively being marketed for lease or for sale, then the owner may file for an exemption: in which case the owner must still register B. The first annual fee shall be paid no later than thirty (30) days after the building becomes vacant or within thirty (30) days after acquiring ownership of any vacant. building not currently registered. The annual registration fee shall accompany the registration form. The fee and registration form shall remain valid for twelve (12) months from the date of registration. Subsequent registrations shall constitute as a renewal. The owner shall be required to renew the  the building, but may be exempt from the fee.    registration for successive twelve-month periods as long as the building remains vacant forany  part thereof.  Section 80-3. Violations and Penalties. constitute a separate and distinct offense.  Any person who violates any oft the provisions oft this article shall, upon conviction be fined not less than $500 and not more than $1,000, plus court costs. Each day the violation exists shall  II. Ifany provision oft this Ordinance is for any reason held tol be legallyi invalid, such decision shall not affect remaining portions ofthis Ordinance and they shall remain in full force and effect, and to this end, the provisions ofthis Ordinance are hereby declared severable. III. In the event of any inconsistency between the provisions of this Ordinance and any prior Ordinance, the provisions hereof shall be determined to govern. IV. This Ordinance shall take effect immediately upon its enactment.  This Ordinance ORDAINED AND ENACTED INTO LAW by the Borough Council of the Borough ofMount Oliver at a duly assembled public meeting this 15th day ofl May, 2023.  ATTEST:  BOROUGH OF MOUNT OLIVER  By:  President, Borough Council QAShag  AAA  CERTIFICATION  I,Lynette Mankey, Secretary of Mt. Oliver Borough, hereby certify that the foregoing Ordinance No. 997: is a true and correct copy of Ordinance No. 997 as adopted by the affirmative vote of the Council of Mt. Oliver Borough at a regular stated public meeting oft the Mt. Oliver to the public; that the same Ordinance No. 997 was examined and approved by Mt. Oliver Borough Council Members and the Mayor, and was duly recorded by the Borough Secretary in the Mt. Oliver Borough Ordinance Book, and was published as required by law in a newspaper of general circulation in and around Mt. Oliver Borough, Allegheny County, Pennsylvania, which Ordinance No. 997: is currently subsisting in full force and effect.  Borough Council held on the 5"day of Mavy  2023, after due notice to Council and  Dated: 5/5/23  Lynette  Ar